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ROGERS v. STATE

No. 52843.

551 S.W.2d 369 (1977)

Leslie ROGERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 8, 1977.

Attorney(s) appearing for the Case

William C. Sherk, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and James C. Butts, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This is an appeal from a conviction for robbery; punishment was assessed at ten years.

Appellant contends the trial court erred in denying his motion for new trial. He argues the evidence presented at the hearing on his motion for new trial demonstrates violation of Art. 40.03(7), which provides in part:

"New trials, in cases of felony, shall be granted for the following...

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